Burrell v Baskerfield
| Jurisdiction | England & Wales |
| Judgment Date | 28 April 1849 |
| Date | 28 April 1849 |
| Court | High Court of Chancery |
English Reports Citation: 50 E.R. 920
ROLLS COURT
S. C. 18 L. J. Ch. 422; 13 Jur. 311.
[526] bubbell v. baskeefield. March 16, 17, 19, April 4, 28, 1849. [S. C. 18 L. J. Ch. 422; 13 Jur. 311.] A testator gave his residuary real and personal estate to his wife for life, and, after her death, he gave "full power" to his executors, their heirs or assigns, to collect all his property together, and sell the houses and other estates and convert into money his funded property, and then to pay certain legacies; then the whole of his property was to be divided amongst his twelve first cousins. Held, on the context, that the real estate ought to be considered as converted into personalty. A testator professed to give legacies to each of twelve first cousins notninalim, but he enumerated eleven only, and stated the other to be dead, and desired his legacy to be paid to his children. He afterwards directed, after the decease of his wife, the whole remainder of his property " to be divided, share and share alike, to his aforesaid twelve first cousins and their children." Held, that the first cousins took vested interests at the death of the testator, subject to be divested on their deaths in the widow's life, in which event their children took by substitution. The testator, Thomas Baskerfield, by his will, dated in 1815, amongst other things, expressed himself as follows :-"I hereby give and bequeath to my dear wife all my '2000 Bank stock, for her to give by will, to and amongst any of my cousins as shall be most agreeable to her; that she may have it in her power to reward their kindness to her. But in case she does not choose to dispose of the same by her will; then that Bank stock to be added to the general fund, and, as the residue, after my dear wife'* decease, to go share and share alike between all my first cousins. "And I hereby give, devise and bequeath to my dear wife, for her natural life, all the rest and remainder of my property, real and personal, as freehold, leasehold, copyhold, and all the monies I have in the public funds, or various stocks at the Bank of [526] England, standing in my name. And I hereby give my dear wife full power to sell out, or exchange any of tha stocks, and, in that case, to refund the same to the best advantage into the names of herself and my executors hereinafter named. And I hereby give my dear wife, with the executors named in this will, full power to renew or grant any lease or leases of my farms or houses to the best advantage for herself and my heirs. And I hereby give them, my executors and executrix, full power to sell or dispose of them, if most convenient; and if so, the money arising from the sale thereof to be funded, as above, in their names in the Bank of England. And I hereby give them full power to sell and dispose of or change the same, and their receipt or discharge, when signed by them, to be a good and perfect bargain of sale." 11 BEAT. HI. BUBRELL V. BASKERFIELD 921 He appointed Cock and Maberly joint executors with his wife, and gave them 50 legacies, and he proceeded :-" And if they survive my dear wife, as at the final settlement of my property they will have more trouble, I then give them a further bequest of 100 each. The following legacies and gifts I beg may be paid or transferred within the year after my decease:-To each of my twelve cousins I give 100 stock from, my five per cents, to be transferred to them free of expense. To Mrs. Burrell," &c., &s. [The testator here mentioned eleven cousins only by name]; " and as it has pleased God to remove my cousin Captain William Alston Brandreth from this life to (I hope) a better, in remembrance of him, I desire the same legacy may be transferred or paid by and between his children, share and share alike ; hence, I have allotted 1200 stock from my five per cents, to be paid to my twelve first cousins. [527] "And from and immediately after the death of my dear wife, and not before, then I give full power to my executors, their heirs or assigns, to collect all my property together, and sell the houses and other estates, and to convert into money all my funded property, and then to pay first the following legacies." He then gave 800 in legacies, and proceeded : " then the whole of the remainder of my property is to be divided, share and share alike, to my aforesaid twelve first cousins and their children." By a codicil, dated in 1816, after stating certain disagreements between him and his...
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